LIMITED WARRANTY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY. The Guardian Air Vest is warranted to be free from defects in material and/or workmanship and to perform as advertised when properly used and maintained in accordance with written product instructions. Should it prove defective within one (1) year from date of purchase, V6CO. LLC (“V6CO”) will replace the defective product without charge, provided that it is returned to the location of V6CO’s choice. This warranty gives you specific legal rights, and you may also have other rights that very from state to state.
This warranty does not cover external causes, such as accident, abuse, misuse, alteration, or usage that is not in accordance with product instructions, failure to follow the product instructions or failure to perform preventative maintenance and normal wear and tear.
V6CO’S RESPONSIBILITY FOR DEFECTS IN THE GUARDIAN AIR VEST IS LIMITED TO THE REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN, V6CO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT.
V6CO SHALL NOT BE LIABLE TO THE BUYER OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNATIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIPENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARTISING OUT OF THE BUYER’S USE OF THE GUARDIAN AIR VEST OR OTHERWISE, EVEN IF V6CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF V6CO’S NEGLIGENCE OR BREACH. V6CO’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BUYER’S USE OF THE GUARDIAN AIR VEST (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE PURCHASE PRICE PAID BY THE BUYER FOR THE GUARDIAN AIR VEST. V6CO EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY.
JURISDICTIONS AND VENUE, ALTERNATIVE DISPUTE RESOLUTION, ATTORNEYS’ FEES. This Agreement is to be construed pursuant to Laws of the State of New York. Jurisdiction and venue for any claim arising out of this Agreement shall be made in the State of New York, New York County. Any controversy between the parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Said mediation or binding Arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes unless the Parties stipulate otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party, unless the Parties stipulate otherwise, or in such proportions, as the arbitrator shall decide.